No Panacea:
Challenges in the Applications of
Provisional Arrangements of a
Practical Nature
Professor Clive Schofield
Challenges in the Application of Provisional Arrangements of
a Practical Nature
•
Great potential merit but…
•
•
•
Not to be entered into lightly
Merely because overlapping claims exist
and negotiations are deadlocked
Key Challenges:
•
•
•
•
What area?
Third party rights
Certainty and Continuity
Downstream issues
Challenges in the Application of Provisional Arrangements of
a Practical Nature
•
The Limits of zones of cooperation
•
•
•
Does using the limits of overlapping claims
areas legitimise and encourage excessive
maritime claims?
Third party rights – other claimants?
Complexity and Continuity
•
•
•
•
•
Intricate arrangements
Difficult to negotiate and sustain
Need to endure for the long haul
A challenge to State sovereignty
A source of friction in relations?
Challenges in the Application of Provisional Arrangements of
a Practical Nature
•
Downstream issues
•
•
•
•
•
As much of a prize as the marine resources
themselves?
Dealing with the impacts of “success”
Gulf of Thailand examples - a
concentration of State practice
Timor Sea arrangements
Joint Development in the South
China Sea?
The Gulf of Thailand
Cambodia – Vietnam
joint ‘historical waters’ area
Malaysia – Thailand
joint development area
Malaysia – Vietnam
joint development area
Cambodia – Thailand
revoked MoU?
Source: National Bureau of
Asian Research, 2011
Source: National Bureau of
Asian Research, 2011
Overlapping
claims in the
Timor Sea
Source: Clive Schofield,
‘Minding the Gap: The
Australia – East Timor Treaty
on Certain Maritime
Arrangements in the Timor
Sea’, International Journal of
Marine and Coastal Law,
Volume 22 (2007), No.2: 189234.